Federal Agency Decisions
Workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), and environmental appeals from the EPA's Environmental Appeals Board, each with a plain-English summary, the standards it cites, and whether it counts as precedent. More agencies are coming.
No decisions match these filters
Try fewer or different words, check the spelling, or clear the filters to browse everything.
Klondex Midas Operations, Inc v. Secretary of Labor and Secretary of Labor v. Klondex Midas Operations, Inc. and Secretary of Labor v. Klondex Gold and Silver Mining Company
Klondex Midas Operations, Inc v. Secretary of Labor (FMSHRC WEST 2015-416 M): Partial summary decision denied after fatal accident investigation
Klondex Midas Operations contested citations and orders issued after a miner was found unresponsive at the Midas Mine, an underground gold mine, and after later inspections at the Fire Creek Mine. Klondex argued that the Secretary lacked evidence to support the enforcement actions and that the…
Secretary of Labor v. Ohio Valley Coal Company
Obsolete MSHA address excused missed contest
Ohio Valley Coal mailed its penalty contest using labels that listed MSHA's former address during a transition between safety directors. The returned contest was readdressed and sent the same day, but the new safety director did not learn until months later that MSHA had rejected it as late. The…
Matthew Bane v. Denison Mines (USA) Corp., now known as Energy Fuels Resources (USA) Inc.
Matthew Bane v. Denison Mines (USA) Corp. (FMSHRC WEST 2012-1224 DM): Safety complaints did not cause layoff
Matthew Bane, an electrician at Denison's underground uranium and vanadium mine, alleged that the company laid him off because he raised safety and health concerns. Judge L. Zane Gill found that Bane engaged in protected activity by reporting a supervisor's unsafe conduct, complaining about dust…
True Value Company
Incomplete settlement order set aside and remanded
OSHA issued True Value Company two serious citation items with proposed penalties totaling $8,000. The parties' settlement withdrew Item 1 but accidentally failed to address Item 2, and the judge's approval order later became final without resolving the entire case. The Secretary then asked to…
Manson Construction Company
Platform-securing item withdrawn and remaining rulings left unreviewed
Manson Construction Company was cited after OSHA inspected work at the Vashon Island Ferry Terminal, where employees used a crane-suspended personnel platform and worked atop a group of pilings called a dolphin. The judge vacated three scaffold-based items but affirmed fall protection violations…
Peacock Engineering, Inc.
Forklift-modification item left vacated after split vote
Peacock Engineering replaced a forklift's forks with a custom attachment so it could hoist burial crypts suspended from wire rope slings. OSHA alleged that the unapproved modification affected the forklift's safe operation in violation of 29 C.F.R. § 1926.602(c)(1)(ii). The judge vacated the item…
Peacock Engineering, Inc.
General duty citation vacated for lack of feasible abatement
Peacock Engineering installed burial crypts at Miramar National Cemetery using an excavator and wire rope slings. An employee's thumb was amputated by a sling while he guided a suspended crypt into place by hand, and OSHA cited Peacock under the general duty clause for amputation, struck-by, and…
Evergreen Construction Company
Fall protection citation left affirmed after split vote
Evergreen Construction Company was the general contractor for an Atlanta hotel project where a subcontractor's employees worked near fourth-floor edges without fall protection. OSHA cited Evergreen as the controlling employer under 29 C.F.R. § 1926.501(b)(1), and the judge found constructive…
K.M. Davis Contracting, Inc.
Cave-in citation remains serious after split vote
K.M. Davis Contracting installed an underground water line beside a highway, where OSHA found an employee working in a deep excavation without cave-in protection. OSHA alleged a willful violation of 29 C.F.R. § 1926.652(a)(1) and proposed a $53,900 penalty. The judge affirmed the violation but…
Matter of Martin CHAIREZ-Castrejon
Conviction records may be reviewed narrowly for divisibility
The Board considered the Department of Homeland Security's motion to reconsider an earlier decision involving a Mexican lawful permanent resident convicted under Utah law of unlawfully discharging a firearm. The Board held that Immigration Judges may look at a conviction record only to determine…
Matter of W-Y-U-
Merits review should guide administrative closure
The Board reviewed a Chinese respondent's interlocutory appeal after an Immigration Judge denied his request to recalendar removal proceedings that had been administratively closed at DHS's request. The Board held that the primary consideration is whether the party opposing closure has given a…
Robert C. Hall v. GMS Mine Repair & Maintenance, Inc.
Miner voluntarily dismissed discrimination case
Robert C. Hall alleged that GMS Mine Repair & Maintenance failed to rehire him after a company layoff because he disagreed with management about two explosive products. Before the scheduled hearing, Hall asked to dismiss the Mine Act discrimination case without prejudice so he could pursue related…
Martin Mechanical Contractors, Inc.
Willful skylight fall protection violation affirmed
Martin Mechanical Contractors sent a three-person crew to replace rooftop HVAC equipment at a Georgia warehouse. The roof had eight unguarded skylights, and no crew member used a personal fall arrest system or other protection. One employee fell about 15 feet through a skylight and died from his…
A.C. Castle Construction Co., Inc. / Daryl J. Provencher, d/b/a Provencher Home Improvement
Roofing violations yield $173,500 in penalties
A.C. Castle Construction contracted with homeowners for roofing work and assigned projects to Provencher Home Improvement. At a Massachusetts house, at least two roofers fell about 20 feet after a wooden scaffold plank snapped, and OSHA cited scaffold, ladder, training, anchorage, and fall…
Matter of Jing WU
California aggravated assault is a crime involving moral turpitude
The Board reviewed DHS's appeal after an Immigration Judge terminated removal proceedings against a Chinese lawful permanent resident convicted in California of assault with a deadly weapon or force likely to cause great bodily injury. The Board held that the offense categorically involves moral…
Secretary of Labor v. Wm. J. Clark Trucking Service, Inc.
Timely response nullified default order
Wm. J. Clark Trucking asked to reopen two penalty assessments that it believed had become final. The Commission found that most of the underlying matters had already been properly contested, settled, and disposed, making reopening unnecessary. In WEST 2015-839-M, however, the operator had timely…
Secretary of Labor v. Enviro Care, Inc.
Unexplained delay defeated reopening request
Enviro Care asked the Commission to reopen a $100 penalty assessment that its office had treated as a bill and paid. The company attributed the missed contest deadline to a transition in its safety-manager position and unfamiliar office staff. The Commission found that explanation incomplete…
Secretary of Labor v. United Rentals (North American), Inc.
Unopposed penalty reopening granted
United Rentals asked the Commission to reopen a penalty assessment that had become a final Commission order. The Secretary did not oppose the request. The Commission granted the motion without describing the operator's reason for missing the contest deadline. It remanded the case to the Chief…
Secretary of Labor v. Bennett Mineral Company
Unopposed penalty reopening granted
Bennett Mineral Company asked the Commission to reopen a penalty assessment that had become a final Commission order. The Secretary did not oppose the request. The Commission granted the motion without describing why the company missed the contest deadline. It remanded the matter to the Chief…
United Launch Alliance, LLC
Launchpad machine-guarding violation affirmed
United Launch Alliance technicians used compressed air to test a piston in a launchpad strut-capture component at Cape Canaveral. A technician's hand slipped into the moving component while he connected an energized air hose, resulting in the amputation of two fingers. The judge found that the…
Secretary of Labor v. Arnold Stone, Inc.
Exposed energized saw controls required lockout
Arnold Stone removed a touch-screen control from a large saw, leaving electrical wires exposed while the power disconnect was unlocked and untagged. A supervisor later energized the saw and left it on while miners had access to the building. Judge Margaret A. Miller held that the repair remained…
Secretary of Labor v. Cactus Canyon Quarries, Inc.
Unchocked truck citation settled for $100
MSHA cited Cactus Canyon Quarries after an unattended pickup truck was parked on an incline without its parking brake engaged, its wheels chocked, or its wheels turned into a bank. The operator admitted the violation and accepted MSHA's non-S&S designation and proposed $100 penalty, but disputed…
Juan Guillen
Scaffold-training citation affirmed on summary judgment
OSHA cited Juan Guillen for failing to provide required scaffold-hazard training under 29 C.F.R. § 1926.454(a). An employee working from a mobile scaffold fell and died from his injuries. Guillen did not answer the Secretary's complaint or requests for admissions, so the material allegations were…
Vulcan Industrial Contractors Co., LLC
Asbestos cleanup citation vacated
Vulcan Industrial Contractors performed asbestos abatement on boiler piping at an Alabama power plant using glove bags, sealed work areas, HEPA vacuuming, and disposal controls. OSHA later found a small piece of asbestos-containing debris embedded in a scaffold plank after Vulcan had deregulated…
Secretary of Labor v. Newmont Slate Company, Inc.
Fifteen citations upheld and one vacated
MSHA issued Newmont Slate 16 citations covering fire and explosion warnings, compressed-air tanks, electrical circuits, machine guards and windows, explosives, training, noise records, and other quarry conditions. After a hearing, Judge David F. Barbour found 15 violations and vacated the citation…
Whole Foods Market Group, Inc., et al.
In re Whole Foods Market Group, Inc., et al. (EAB RCRA Appeal No. 17-01C): Consent Agreement ratified
Whole Foods Market Group, Inc., and affiliated entities resolved an EPA Resource Conservation and Recovery Act enforcement matter through a Consent Agreement. The Environmental Appeals Board incorporated that agreement into a Final Order and ratified it under 40 C.F.R. § 22.18(b)-(c). The Board…
Bridgewater Wastewater Treatment Plant
In re Bridgewater Wastewater Treatment Plant (EAB NPDES Appeal No. 16-01): petition dismissed after settlement
The Town of Bridgewater, Massachusetts, asked the Environmental Appeals Board to dismiss its petition challenging NPDES Permit No. MA0100641. The Town reported that the parties had reached a settlement and filed a motion for voluntary dismissal on April 5, 2017. The Board granted the motion under…
Secretary of Labor v. M-Class Mining, LLC and Secretary of Labor v. Mark McCurdy employed by M-Class Mining, LLC
Secretary of Labor v. M-Class Mining, LLC (FMSHRC LAKE 2012-519, LAKE 2015-339): Electrical-work and glove orders vacated
Maintenance foreman Mark McCurdy was hospitalized overnight after receiving an electrical shock while troubleshooting an energized continuous miner. MSHA alleged that he performed electrical work without deenergizing the machine and failed to wear protective gloves, and it sought penalties against…
Matter of Pedro Josue JIMENEZ-CEDILLO
Maryland solicitation offense is moral turpitude
The Board reviewed a Mexican respondent's appeal from a finding that he was removable after a Maryland conviction for soliciting a minor to engage in unlawful sexual activity. The Board held that a sexual offense protecting particularly young children, or involving a significant age difference with…
Shelley Kelhi v. Alpha Coal West, Inc. and Contura Coal West, LLC
Shelley Kelhi v. Alpha Coal West, Inc. (FMSHRC WEST 2017-38 D): Discrimination complaint filed too late
Shelley Kelhi alleged that Alpha Coal West harassed her because of her safety advocacy and denied prompt medical attention after a 2014 haul-truck accident. She filed her MSHA discrimination complaint 684 days after the date the judge treated as the latest sufficiently detailed adverse action…
Capitol Concrete Contractors, Inc.
Skid-steer and injury-reporting citations vacated
A Capitol Concrete trainer fractured his wrist when skid-steer loader arms descended as he reached into the cab during operator training. OSHA alleged a general duty clause violation based on trainers approaching operational skid-steers and also alleged that the hospitalization was reported late…
Secretary of Labor v. Good Bentonite Company, LLC
Incomplete contest form excused
Good Bentonite timely sent part of its penalty contest paperwork but omitted the sheet identifying which violations it wanted to contest. MSHA called about the incomplete filing, but the company owner was away and did not receive the message. The operator said it had misread the contest-rights…
Secretary of Labor v. Usibelli Coal Mine, Inc.
Brief holiday-shutdown delay excused
Usibelli Coal Mine missed the deadline to contest a penalty assessment after a weeklong Thanksgiving shutdown delayed internal review. The company submitted its contest only a few days late and had no history of prior defaults. It also revised its procedures to prevent similar filing failures. The…
Secretary of Labor on behalf of Jeffrey Pappas v. CalPortland Company and Riverside Cement Company
Employment-retaliation claims dismissed
Jeffrey Pappas alleged that Riverside Cement gave negative employment references and that CalPortland refused to hire him because of earlier safety complaints and a settled Mine Act discrimination case. Judge Alan G. Paez found that one Riverside manager's warning was partly motivated by protected…
Secretary of Labor v. Metzger Removal, Inc.
Pro se contest mistake excused
Metzger Removal tried to contest a penalty assessment, but two citations were not registered as contested because the company mistakenly believed they were included in another assessment. The error later prevented an administrative law judge from approving settlement of those citations. The…
Secretary of Labor v. American Talc Company
Timely contest sent to wrong agency office
American Talc's plant manager helped with an overloaded contest process but mailed the contest form to the Commission instead of MSHA. The company had sent the paperwork on time, but to the wrong recipient. It later changed its procedures to ensure future contests were addressed correctly. The…
Secretary of Labor v. The Quikrete Companies
Contests mailed to collection office reopened
Quikrete mailed contest documents for two penalty assessments to MSHA's collection office in St. Louis instead of the office that receives contests in Arlington. The Secretary did not oppose reopening but urged the operator to improve its filing procedures. The Commission found that sending the…
Secretary of Labor v. Thyssen Krupp Industrial Solutions (USA), Inc.
Unopposed penalty reopening granted
Thyssen Krupp Industrial Solutions asked the Commission to reopen a penalty assessment that had become a final Commission order. The Secretary did not oppose the request. The Commission granted the motion without describing why the company missed the contest deadline. It remanded the matter to the…
Bell Trucks America, Inc. and Bell Equipment Limited
In re Bell Trucks America, Inc. and Bell Equipment Limited (EAB CAA Appeal No. 17-01C): Consent Agreement ratified
Bell Trucks America, Inc. and Bell Equipment Limited resolved a Clean Air Act enforcement matter through a Consent Agreement. The Environmental Appeals Board incorporated and ratified that agreement under 40 C.F.R. § 22.18(b)-(c) and Clean Air Act section 205(c)(1), 42 U.S.C. § 7524(c)(1). The…
Secretary of Labor v. Newmont Slate Company, Inc.
Original multi-citation decision superseded
MSHA issued Newmont Slate 16 citations covering fire and explosion warnings, compressed-air tanks, electrical circuits, machine guards and windows, explosives, training, noise records, and other quarry conditions. Judge David F. Barbour found 15 violations and vacated the citation alleging…
Secretary of Labor on behalf of Jeffrey Pappas v. CalPortland Company and Riverside Cement Company
Witness-exclusion and spoliation sanctions denied
Before the discrimination merits decision, the Secretary asked to exclude two Riverside witnesses because they were identified shortly before hearing. Judge Alan G. Paez denied exclusion because the Secretary had long known the witnesses' identities, had time to seek their depositions, and did not…
Adam Zembrzuski dba A to Z Construction
Mistaken citation withdrawal remanded for review
OSHA issued A to Z Construction three serious citation items with proposed penalties totaling $2,000. The employer later said it no longer wished to contest, but the Secretary mistakenly filed a withdrawal of the citation instead of a withdrawal of the employer's notice of contest. The judge…
Secretary of Labor v. Noranda Alumina, LLC
Unexpected manager departure justified reopening
Noranda intended to contest two mercury-testing citations, but the employee responsible for MSHA assessments unexpectedly quit on the day the assessment arrived. Managers unfamiliar with the process treated the assessment as a bill and paid it. The Commission originally denied reopening for…
Secretary of Labor v. Lehigh Southwest Cement Company
Unopposed penalty reopening granted
Lehigh Southwest Cement asked the Commission to reopen a penalty assessment that had become a final Commission order. The Secretary did not oppose the request. The Commission granted the motion without describing why the company missed the contest deadline. It remanded the matter to the Chief…
Secretary of Labor v. Munsen Paving, LLC
Certified-mail answer defeated default
Munsen Paving appeared to have missed the deadline to answer a show-cause order, which was then treated as a default order. The operator produced a certified-mail return receipt showing that it mailed its answer one day before the deadline and that delivery was recorded several days later. The…
Secretary of Labor v. Lehigh Southwest Cement Company
Split-docket oversight default reopened
Lehigh timely contested an assessment that MSHA later split into multiple dockets. The company answered a show-cause order in the companion docket but overlooked the separate order in this case, causing a default. The Secretary did not oppose reopening but urged Lehigh to answer every penalty…
Secretary of Labor v. Armstrong Cement & Supply Corporation
Unopposed penalty reopening granted
Armstrong Cement & Supply asked the Commission to reopen a penalty assessment that had become a final Commission order. The Secretary did not oppose the request. The Commission granted the motion without describing why the company missed the contest deadline. It remanded the matter to the Chief…
Secretary of Labor v. M-Class Mining, Inc. and M-Class Mining, Inc. v. Secretary of Labor
Secretary of Labor v. M-Class Mining, Inc. (FMSHRC LAKE 2015-186-R, et al.): Personal-liability investigation given final deadline
MSHA sought $133,000 against M-Class Mining for allegedly failing to withdraw miners promptly after a ventilation-fan malfunction. The consolidated penalty and contest cases were stayed while the Secretary investigated possible personal liability under section 110(c), but the investigation remained…
Secretary of Labor v. Carroll County Stone, Inc.
Timely answer made default order a nullity
Carroll County Stone appeared to have missed the deadline to answer a show-cause order, which then became a default order. The operator said it had mailed its answer in the same envelope as a response for a sister company's case and that the Commission mixed up the two matters. Commission records…
Michael K. McNary v. Alcoa World Alumina, LLC
Threat-based interference claim required a hearing
Michael McNary, a miners' representative at an alumina plant, raised concerns while employees were responding to a leak of extremely hot slurry. He alleged that a supervisor then threatened to remove him as a miners' representative, from the department, and from the plant. An ALJ dismissed the…
Secretary of Labor v. Veris Gold USA, Inc., and its Successors
Civil-penalty case dismissed after liquidation
Earlier rulings found that Veris Gold discriminated against Daniel Lowe and Matthew Varady and directed the Secretary to pursue civil penalties. Veris was later liquidated, leaving no assets to pay penalties or personal relief. The bankruptcy court's sale order also barred successor-liability…
Daniel B. Lowe v. Veris Gold USA, Inc. and Jerritt Canyon Gold, LLC and Matthew A. Varady v. Veris Gold USA, Inc. and Jerritt Canyon Gold, LLC
Daniel B. Lowe and Matthew A. Varady v. Veris Gold USA, Inc. and Jerritt Canyon Gold, LLC (FMSHRC WEST 2014-307 DM, WEST 2014-614 DM): Claimants declined futile payment orders
Daniel Lowe and Matthew Varady had established discrimination claims against Veris Gold in an earlier ruling. The judge also held that bankruptcy sale orders barred their claims against Jerritt Canyon Gold and other proposed successor entities. Lowe and Varady were offered the option to seek…
Secretary of Labor v. Peabody Midwest Mining, LLC
Rib-condition photographs remained admissible
Peabody Midwest asked to exclude MSHA photographs and measurements concerning loose coal ribs because the inspector could not identify each item's precise underground location. The company argued that this uncertainty prevented a meaningful defense and made the evidence unfairly prejudicial. Judge…
Secretary of Labor v. Peabody Midwest Mining, LLC
Flagrant rib case stayed for related adjudications
MSHA alleged that Peabody Midwest committed a repeated flagrant rib-control violation and sought to rely on three related orders that were still being contested. Peabody argued that unproven orders could not establish a repeated violation and alternatively asked to stay this case until those…
Florence Copper, Inc.
In re Florence Copper, Inc. (EAB UIC Appeal No. 17-04): petition dismissed as untimely
Karen J. Wall asked the Environmental Appeals Board to review conditions of a Class III Underground Injection Control permit for Florence Copper, Inc.’s in-situ copper recovery facility near Florence, Arizona. EPA Region 9 served notice of its final permit decision on December 20, 2016, making…
Tri-iso TryLine, LLC f/k/a The TryLine Group, LLC
In re Tri-iso TryLine, LLC f/k/a The TryLine Group, LLC (EAB TSCA Appeal No. 17-02Q): $163,744 penalty paid and matter resolved
EPA alleged that Tri-iso TryLine, LLC, formerly known as The TryLine Group, LLC, violated the Toxic Substances Control Act’s chemical data reporting requirements. EPA’s complaint sought a $163,744 penalty. Tri-iso paid the penalty in full, which waived its right to contest the allegations and…
Ponderosa Compressor Station
In re Ponderosa Compressor Station (EAB NSR Appeal No. 16-02): petition dismissed
Tesoro Logistics, LP - Rockies asked the Environmental Appeals Board to dismiss its petition challenging a Tribal Minor New Source Review permit for the Ponderosa Compressor Station. The company represented that EPA Region 8 intended to issue a permit with revisions discussed between the parties…
Secretary of Labor on behalf of David Franklin Winslow, Jr. v. Walbridge Company and Imperial Crane Services, Inc.
New employment waived temporary reinstatement
The Secretary sought temporary reinstatement for David Winslow while MSHA investigated his discrimination complaint. After both employers requested an expedited hearing, Winslow reported that he had found another job and no longer wanted temporary reinstatement. Judge William B. Moran canceled the…
Star Mine Operations, LLC v. Secretary of Labor and Secretary of Labor v. Star Mine Operations, LLC and Secretary of Labor v. Rory Williams
Star Mine Operations, LLC v. Secretary of Labor (FMSHRC WEST 2014-994 M, et al.): Fatal-accident cases settled for $310,000
The consolidated cases covered 172 citations and orders issued after two accidents at Star Mine's underground silver mine. Two miners died from carbon monoxide poisoning after entering an unventilated area following a large explosives detonation, and two other miners were injured in a later planned…
Daniel B. Lowe v. Veris Gold USA, Inc. and Jerritt Canyon Gold, LLC and Matthew A. Varady v. Veris Gold USA, Inc. and Jerritt Canyon Gold, LLC
Daniel B. Lowe and Matthew A. Varady v. Veris Gold USA, Inc. and Jerritt Canyon Gold, LLC (FMSHRC WEST 2014-307 DM, WEST 2014-614 DM): Bankruptcy sale barred successor liability
Daniel Lowe and Matthew Varady had established Mine Act discrimination claims against Veris Gold and sought to recover from Jerritt Canyon Gold and related entities as successors. Jerritt Canyon had purchased the mine assets through a bankruptcy sale expressly made free and clear of employment and…
What these documents are
- The agencies: Workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), and environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB). Each decision page names its agency.
- Commission and Board decisions: Rulings by the agency's highest review level (the Commission at OSHRC and FMSHRC, the Environmental Appeals Board at EPA). These are citable as precedent, though a decision may have been appealed to a U.S. Court of Appeals after issuance.
- ALJ decisions: Rulings by the agency's Administrative Law Judges after a hearing. When no Commissioner directs review, an ALJ decision becomes a final order that binds the parties in that case but is not binding precedent: under 29 U.S.C. § 661(j) at OSHRC, and after the 40-day window of 30 U.S.C. § 823(d)(1) at FMSHRC.
- Why finality matters: Every page here says which kind of decision you are reading, so you know whether it is precedent you can cite or a final order that only shows how one judge ruled on one set of facts.
- Where they come from: Every page links the official public release from the deciding agency, and the full text on the page is that release. The plain-English summaries are written by Ezel.